Leverett Town Seal
Leverett
Massachusetts
Town of Leverett
9 Montague Road
Leverett, MA 01054
Town Clerk: (413) 548-9150
Tax Collector: (413) 548-9666
Assessor: (413) 548-4945
Town Hall Fax: (413) 548-1035
Contact Us
Previous Meeting Next Meeting

Conservation Commisison meeting

Monday, November 8, 2021, 7:00 pm until 9:00 pm
remote
A meeting of the Conservation Commission

Conservation Commission Remote Meeting
Mon, Nov 8, 2021 7:00 PM - 10:00 PM (EST)

Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/290829725

You can also dial in using your phone.
United States: +1 (408) 650-3123

Access Code: 290-829-725

Meeting of Conservation Commission

Members: (Quorum)

  • Remote: David Powicki, at 7:00 PM
  • Remote: Isaiah Robison, Chair, at 6:55 PM
  • Remote: Ralph Tiner, at 7:14 PM
  • Remote: Jono Neiger, at 7:13 PM
  • Remote: Barbara Kline, at 7:05 PM
  • Remote: Joan Deely, at 7:02 PM

Also Present:

  • Tessa Dowling Conservation Agent (submitting minutes)
  • Mitch Mulholland
  • Tom Hankinson
  • Melissa Coady
  • Richard Paul Nathhorst
  • Kathleen Lafferty
  • Sarah Robertson
  • Mary Ryan
  • Chris Stoddard
  • Lynne Wood
  • Brooke Thomas
  • Tanya Cushman
  • Patricia Duffy
  • Claire Hopley
  • Robert Hopley

See original Agenda Final Minutes

Meeting opened: 7:05 PM

Meeting closed: 9:11 PM

  1. Meeting Preliminaries

    • Meeting Opened / Attendance Taken (see above).

    • No minutes to approve.

  2. Public Hearing

    • 7:06: Public Hearing for Septic System RDA at 112 Shutesbury Rd

      General Discussion...
      Robison opens the RDA hearing for the septic system replacement at 112 Shutesbury Rd. Powicki recused himself as he is an abutter to the project. Robison conducted the site visit and is in favor of the new location for the septic system. The project is 50 ft from an intermittent stream in the buffer zone. Erosion control measures are shown on the project plan.
      Per Stoddard, the project engineer, there were small edits from the Board of Health but they do not decrease the distance from the intermittent stream. He screen shares the plan with the edits.
      Berrigan asks about the timeline for the project.
      Per Stoddard, as soon as possible.
      Stoddard will send Dowling an email with address to send the permit.

      MOTION, moved by Isaiah Robison, seconded by Joan Deely: to issue a negative 3 determination for the RDA at 112 Shutesbury Rd. .

      Pass: Aye: Ralph Tiner, Barbara Kline, Isaiah Robison, Joan Deely. Abstain: David Powicki, Jono Neiger.

    • 7:17: Continued Hearing for Leverett Pond Weed Management NOI (DEP # 200-0196)

      General Discussion...
      Robison acknowledges the letters submitted to the Commission regarding the Leverett Pond project from Macaylla Silver.

      MOTION, moved by Isaiah Robison, seconded by Joan Deely: to continue the Leverett Pond NOI hearing to the December 6, 2021 meeting.

      Pass: Aye: David Powicki, Ralph Tiner, Barbara Kline, Jono Neiger, Isaiah Robison, Joan Deely.

    • 7:18: Continued Public Hearing for RDA for Leverett Pond- manual weed management

      MOTION, moved by Isaiah Robison, seconded by Joan Deely: to continue the Leverett Pond RDA hearing to the December 6, 2021 meeting.

      Pass: Aye: David Powicki, Ralph Tiner, Barbara Kline, Jono Neiger, Isaiah Robison, Joan Deely.

  3. Administrative Matters

    • 7:19: 83 N. Leverett Rd Certificate of Compliance and RDA update

      General Discussion...
      Robison recuses himself from the project as he works for the company, Grass Roots Landscaping, that created the patio at 83 North Leverett Rd (DEP file # 200-0182) in 2017. Powicki became acting chair.
      The landowners of 83 North Leverett Rd submitted a Request for Certificate of Compliance for the patio project and for the studio project (DEP file # 200-0193).
      The Commission observed erosion issues on the bank of the river near the patio and requested that the area be stabilized by Grass Roots. A site visit from Tiner confirmed that the area has revegeted at this point and there were no erosion issues were observed.
      The studio project Order of Conditions permit was issued in 2020, but the construction of the studio building never started due to septic system capacity concerns from the Board of Health. The landowners no longer plan to build the studio.
      Dowling spoke to Mark Stinson, Dept. of Environmental Protection, and was told that in the case of the studio project, an invalid Certificate can be issued so the Order will be removed from the deed on the property.

      MOTION, moved by Ralph Tiner, seconded by Barbara Kline: to issue a complete certificate of compliance for the patio project at 83 North Leverett Rd (DEP file # 200-0182).

      Pass: Aye: David Powicki, Ralph Tiner, Barbara Kline, Jono Neiger, Joan Deely. Abstain: Isaiah Robison.

      MOTION, moved by Ralph Tiner, seconded by Barbara Kline: to issue an invalid certificate of compliance for the studio project at 83 North Leverett Rd (DEP file # 200-0193).

      Pass: Aye: David Powicki, Ralph Tiner, Barbara Kline, Jono Neiger, Joan Deely. Abstain: Isaiah Robison.

    • 7:25: Eversource (200-0190) Line 354 Certificate of Compliance

      General Discussion...
      Robison unrecused and is back as Chair of the Commission. Eversource submitted a request for a Certificate of Compliance for the Line 354 structure replacement project. Deely visited the site and the area has revegetated and is stable.

      MOTION, moved by Ralph Tiner, seconded by Barbara Kline: to issue a complete certificate of compliance for the Eversource line 345 ROW project (DEP file # 200-0191).

      Pass: Aye: David Powicki, Ralph Tiner, Barbara Kline, Jono Neiger, Isaiah Robison, Joan Deely.

    • 7:28: Eversource (200-0190) Line 1044/1113 Structure Replacement Project COC final condition

      General Discussion...
      As discussed at the October 18th meeting, Berrigan visited the Eversource mitigation site for the line 1044/1113 Eversource ROW structure replacement project and reports that the area around the replacement culvert has revegetated and is stable.

      MOTION, moved by Isaiah Robison, seconded by Barbara Kline: to confirm that the on-going conditions for the Certificate of Compliance for the line 1044/1113 Eversource ROW project (DEP file # 200-0190) have been met and the Certificate of Compliance is complete and there are no more on-going conditions for that project. .

      Pass: Aye: David Powicki, Ralph Tiner, Barbara Kline, Jono Neiger, Isaiah Robison, Joan Deely.

  4. Old Business

    • 7:30: 24 Putney Rd Restoration Plan/Hopley

      General Discussion...
      The Hopleys have submitted a letter and updated restoration plan in response to the letter from the Commission- Dowling has the letter and will send it to the Commission for review before the next meeting.
      Per Claire Hopley, we have bought and planted 10 bushes and trees as well planting hosta and lilac from other parts of the yard to stabilize the area where there trees were removed in the pond buffer zone.
      The Hopleys had been told over the phone that there was a 100 ft buffer zone around the pond, but they thought the trees were outside of that zone. Subsequently, after the Commission sent an enforcement order and requested a restoration plan to replant the area, it was not clear to the Hopleys that they needed to wait to start planting until they received permission. They sent photos of the area to show topography of the area and the new plantings.
      The Commission will read the letter before the November 15th meeting and the reach out to the Hopleys.

    • 8:02: Town Highway Department project

      General Discussion...
      The Highway Department submitted an RDA for work on two culverts and dredging of a road ditch. One of the culverts was replaced under an Emergency Order. The Department of Environmental Protection has informed that the rest of the work would require a Notice of Intent, not an RDA. Robison will reach out again to the Highway Department to withdraw the RDA and submit a Notice of Intent when the season is right to complete the work.

    • 8:05: Conservation agent position

      General Discussion...
      Powicki has updated the conservation agent position based on agent descriptions from other towns shared by Tiner and increased the hourly rate to up to $20/hour based on experience. The Select Board has approved the increase.

  5. New Business

    • 8:07: Two items of town business - Richard Nathhorst

      General Discussion...
      Nathhorst attended the meeting with two updates for the Commission.
      1) Nathhorst, acting as a member of the Planning Board, manages the 2020 MA Model Floodplain Bylaw. For 2022 there will be a state mandate that every town has an administrator to review floodplain FEMA insurance applications. The bylaw supersedes older floodplain bylaws and will involve wetlands so the Planning Board wishes to talk with the Commission on participating in the application process.
      2) As the Co-chair of the Ad Hoc North Leverett Sawmill and Dam Committee, Nathhorst requests the Commission's involvement in the discussion of the possible town ownership of the Sawmill River Dam. From an email from Nathhorst, the Committee also "contemplates rehabilitating the mill dam and exploring the possibility of micro hydroelectric power generation at the mill as well as preservation work on the mill ruins along the river below the mill."

    • 8:26: 414 Long Plain Rd

      General Discussion...
      The Commission issued an order of conditions permit in August of 2021 for a new house, septic, and driveway project under the address 412 Long Plain Rd. Neighbors in the area were confused that they had not received abutter notices for the project. The project involved two parcels of land and abutter notices only were sent out for 412 Long Plain Rd and not the adjacent 418 Long Plain Rd. Two neighbors who should have received notices requested copies of the permit and abutter's list.

  6. Other New Business not considered as of the date of this notice

    • 8:01: Communication between Commission and Public

      General Discussion...
      The public raised a concern regarding receiving more notice if meetings are going to be canceled. The November 1st meeting was canceled when the Commission could not get quorum and notification was posted on the website that same day.

    • 8:53: 83 N. Leverett Rd septic system replacement

      General Discussion...
      A friend of the landowners of 83 North Leverett Rd will be submitting an RDA to replace the septic system on the property. The Commission will visit the property to see the proposed location for the system. Dowling will send the Commission a copy of the building plan.

  7. Meeting Wrap-up

The listing of matters is those reasonably anticipated by the Chair which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law.

Minutes prepared by Tessa Dowling

Minutes approved on Sunday, Jan 2, 2022